Michigan Office of Administrative Hearings and Rules  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Licensing and Regulatory Affairs  
Division/Bureau/Office:  
Bureau of Professional Licensing  
Name of person completing this form:  
Andria Ditschman  
Phone number of person completing this form:  
517-290-3361  
E-mail of person completing this form:  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2020-70 LR  
Title of proposed rule set:  
Board of Nursing – General Rules  
3. Purpose for the proposed rules and background:  
The purpose of the Board of Nursing Rules is to regulate the prelicensure education, licensure,  
specialty certification, licensure renewal, relicensure, continuing education for licensed nurses, and  
the nursing professional fund scholarship program.  
The proposed rules are intended to: address the requirements to take the NCLEX examination; clarify  
the nursing education program requirements; modify the nurse professional fund scholarship program  
requirements; clarify continuing education requirements; and address licensure requirements.  
4. Summary of proposed rules:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The proposed revisions to the rules will: establish that the National Council of State Boards of  
Nursing determines the NCLEX passing score; ensure consistency in the requirements for  
examination; offer alternative ways to sit for the NCLEX; provide additional entities that may provide  
certification of educational program substantial equivalency; eliminate time requirements related to  
sitting for the NCLEX; require an applicant to obtain a certification of skills competency before  
retaking the NCLEX if they have not passed it within a certain period of time; provide paths for  
licensure by endorsement for individuals licensed in another state, Canada, or having graduated from  
a program in Canada, or otherwise outside of the United States; clarify the requirements for continued  
program approval, program changes, faculty requirements, substitution of clinical hours, board  
evaluation of nursing education programs, and failure to comply with the rules; approve continued  
education that is offered or approved by the American Medical Association; and allow a student to  
receive a scholarship more than once from the Nursing Professional Fund Scholarship Program.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
Marquette Mining Journal – December 10, 2021; Flint Journal – December 9, 2021; Grand Rapids  
Press – December 9, 2021  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
1/1/2022  
7. Date, time, and location of public hearing:  
1/5/2022 09:00 AM at Location: G. Mennen Williams Building Auditorium , 525 W. Ottawa Street,  
Lansing, Michigan  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
9. List of the name and title of agency representative(s) attending public hearing:  
Kerry Przybylo, Manager; Andria Ditschman, Departmental Specialist; and LeAnn Payne, Board  
Support.  
10. Persons submitting comments of support:  
Allyson Bakewell, Director of Talent Acquisition, Ciena Healthcare (Ciena)  
Richard Farran, V.P. of Government Services, Health Care Association of Michigan (HCAM)  
Meriam Caboral-Stevens, PNAM CGFNS Removal Task Force, Philippine Nurses Association of  
Michigan (PNAM)  
Eric Wallis, SVP Patient Care & System Chief Nursing Officer, Henry Ford Health System  
11. Persons submitting comments of opposition:  
There were no comments in opposition to the proposed rules.  
12. Persons submitting other comments:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Meriam Caboral-Stevens, PNAM CGFNS Removal Task Force, Philippine Nurses Association of  
Michigan (PNAM)  
Adam Carlson, Senior V. P. Advocacy, Michigan Health & Hospital Association (MHA)  
Stephanie Chang, State Senator, District 1, Minority Floor Leader; Paul Wojno, State Senator, District  
9; Michael MacDonald, State Senator, District 10; Rosemary Bayer, State Senator, District 12; Erika  
Geiss, State Senator, District 6; Jim Ananich, State Senator, District 27; Wayne Schmidt, State  
Senator, District 37; and Sylvia Santana, State Senator, District 3  
Richard Farran, V.P. of Government Services, Health Care Association of Michigan (HCAM)  
Krista Jackson, MSN, RNC-OB, C-ONQS, C-EFM  
Eric Wallis, SVP Patient Care & System Chief Nursing Officer, Henry Ford Health System  
13. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Organization public hearing  
Comments made at Written  
Agency Rationale Rule number  
for Rule Change & citation  
and Description changed  
of Change(s)  
Comments  
Made  
1
Adam Carlson,  
Senior V. P.  
Advocacy,  
Michigan  
Health &  
Hospital  
Requests that the It is the intent of 338.10208(1)  
rules allow  
the Board to allow (c)  
individuals who 338.10212(1)  
(c)  
applicants who  
have attended an have graduated  
educational from a  
program outside substantially  
of the United equivalent  
States, and who educational  
Association  
(MHA)  
have already  
passed the  
NCLEX in  
another  
jurisdiction, be  
able to apply for NCLEX exam, to  
program located  
Eric Wallis,  
SVP Patient  
Care & System  
Chief Nursing  
Officer, Henry  
Ford Health  
System  
outside of the  
United States, and  
who have already  
passed the  
a license in  
Michigan.  
be able to apply  
for licensure in  
Michigan.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
Only six other  
2
Eric Wallis,  
SVP Patient  
Care & System  
Chief Nursing  
Officer, Henry  
Ford Health  
System  
The Board agrees 338.10204(2)  
options for nurses 338.10204(3)  
states require that that expanding the (c)(i)  
international  
nurses complete to include the  
the CGFNS  
Certification  
Program, so  
expanding the  
options for  
338.10208(1)  
(c)(i)  
CGFNS  
Credentials  
338.10208a  
Evaluation Service (c)(ii)  
provides for more 338.10210(2)  
flexibility to  
(c)(i)  
professional  
nurses to include educated nurses.  
internationally  
338.10210(3)  
338.10212(1)  
(c)(i)  
338.10212a  
(c)(ii)  
the CGFNS  
Credentials  
Evaluation  
Service or the  
Evaluation of  
Foreign  
For clarity, all  
references to the  
CGFNS “CES  
academic report”  
will be modified to  
the ”CES  
Education  
professional  
Credential for  
Boards of  
Nursing from  
Josef Silny &  
report” as the  
“CES academic  
report” is for  
college placement,  
Associates, Inc. while the “CES  
International  
Educational  
Consultants  
professional  
report” is for  
licensing.  
(JS&A) brings  
Michigan into  
alignment with  
the vast majority  
of  
states that include  
other options in  
their licensing  
rules. The draft  
rules also expand  
these credentials  
evaluation  
flexibilities to  
internationally  
educated nurses  
who have passed  
the NCLEX-RN  
examination.  
14.Date report completed:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
4/12/2022  
MCL 24.242 and 24.245  
;